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MEKONG COUNSEL

Circular amending, supplementing a number of articles of the Law on Intellectual Property on industrial property

On February 20, 2013, the Ministry of Science and Technology issued Circular No. 05/2013/TT-BKHCN amending, supplementing some regulations ofCircular No. 01/2007/TT-BKHCN dated February 14, 2007 and Circular No. 18/2011/TT-BKHCN dated July 22, 2011 the Ministry of Science and Technology. Accordingly, some amendments, supplements shall be as follows:

 

- For an application for registration of a collective mark or certification mark, in addition to the required documents, the application must also contain the following documents: Map showing the geographical area; Official letter of the provincial People’s Committee permitting such registration of a collective mark or certification mark as regulated (if the mark to be register is registration of a collective mark or certification mark containing the geographical name or other marks indicating the geographical origin of the local specialty).

 

- Time limit for examination of formality shall not include the time the applicant replies to the notice of the National Office of Intellectual Property (“NOIP”), specifically: (i) The time from the date of the notice to the date when the applicant replies to the notice; or (ii) The time indicated in the notice (including the prolonged time as regulated) in case the applicant fails to reply to the notice.

 

- Before issuing a notice on the intention of grant of protection title, NOIP shall observe the first-to-file rule as regulated. If the application does not satisfy the first-to-file rule shall be refused. In case all applications with the earliest filing or priority date refused, withdrawn, or considered withdrawn, the valid application with the earliest filing or priority date shall be examined as regulated.

 

- The notice on the intention of grant of protection title shall set a time limit of 01 month from the date of the notice for the applicant to pay fees and charges. The applicant may request for a prolonged time as regulated.

 

- The time for the applicant to replies to the notice shall be included in the time limit of examination of formality.

 

- If the applicant corrects or supplements the application documents or replies to the notice of the NOIP, the time limit for substantive examination shall be prolonged for a period of time during which the applicant does so, specifically as follows:

 

+ For inventions, no more than 06 months;

 

+ For trademarks, no more than 03 months;

 

+ For industrial designs, no more than 02 months and 10 days;

 

+ For geographical indications, no more than 02 months.

 

- Inspection of observance of the first-to-file rule for inventions, industrial designs, trademarks.

 

- Criteria to define geographical name, other marks indicating the geographical origin of the products and the authority to issue documents permitting the registration of a collective mark or certification mark containing the geographical name or other marks indicating the geographical origin of the local specialty of Vietnam.

 

 

This Circular shall be effective 45 days after the date of signing.